SCOTUS Watch

[Holman]

SCOTUS news today is that Clarence Thomas did not attend today's court session where the rest of the Justices were hearing arguments. Neither he nor the court has offered an explanation.

Is this something that sometimes happens, or is it truly unusual? (Rampant speculation is of course that Thomas is dead or off enjoying a billionaire-funded vacation.)

[LawBeefaroni]

SCOTUS news today is that Clarence Thomas did not attend today's court session where the rest of the Justices were hearing arguments. Neither he nor the court has offered an explanation.

Is this something that sometimes happens, or is it truly unusual? (Rampant speculation is of course that Thomas is dead or off enjoying a billionaire-funded vacation.)

I don't think missing a day of work is that unusual but not giving a reason is.

[disarm]

Don't worry, I'm sure we'll all get an explanation eventually...and it will likely involve him being on the private yacht of one of participants in the hearing. But that's business as usual, so nothing to worry about.

[Smoove_B]

So weird that he would be absent today:

Justice Samuel Alito at one point even outright declared Snyder — not by name — irrelevant to the larger question of whether federal law prohibits the payment of after-the-fact "gratuities" to state and local public officials, and other people associated with entities receiving federal funds, on the same basis as bribes paid in exchange for specific acts.

"We didn't really take this case just to decide whether this particular case was correctly decided. We took it to explore the meaning of this provision," Alito said. "I don't want to talk about the circumstances of this case. I want to talk about what the law means and what the government's position has been."

[Smoove_B]

And I'm not even sure what to make of this:

The Supreme Court handed down a strange set of opinions on Monday evening, which accompanied a decision that largely reinstates Idaho’s ban on gender-affirming care for minors. The ban was previously blocked by a lower court.

None of the opinions in Labrador v. Poe spend much time discussing whether such a ban is constitutional — although Justice Brett Kavanaugh’s concurring opinion does contain some language suggesting that he and Justice Amy Coney Barrett will ultimately vote to uphold the ban.

Rather, seven of the nine justices split into three different camps, each of which proposes a different way that the Court should handle cases arising on its “shadow docket,” a mix of emergency motions and other matters that the Court decides on an expedited basis — often without full briefing or oral argument. The Labrador case arose on the Court’s shadow docket.

Indeed, Idaho’s lawyers did not even attempt to defend its restrictions on gender-affirming care on the merits. Instead, they argued that the lower court went too far by prohibiting the state from enforcing its ban against any patient or any doctor.

A majority of the justices agreed with the state, ruling that the ban cannot be enforced against the actual plaintiffs in this case, two trans children and their parents, but that it can be enforced against anyone who has not yet sought a court order allowing them to receive gender-affirming care.

[Carpet_pissr]

Don't worry, I'm sure we'll all get an explanation eventually...and it will likely involve him being on the private yacht of one of participants in the hearing. But that's business as usual, so nothing to worry about.

Apparently he was being transported to a FSV safe house, hog-tied and gagged, in the back of an agent's car. His handler thought he needed a little re-education about staying out of the news so he could continue his work. Assets need to be more careful, etc.

[Holman]

He was back in session today, presumably because he needed to minimize the J6 insurrection for Ginni's sake.

[waitingtoconnect]

It’s good to see we are spending tens of millions of dollars to deny what must be a tiny number of trans children in Idaho the right to medical care for religious and political reasons.

Now we just need a constitutional amendment to show kids that Jesus only cares about true American values.

[LordMortis]

https://www.nbcnews.com/politics/suprem ... rcna151783

AUSTIN, Texas — Supreme Court Justice Brett Kavanaugh said Friday that U.S. history shows court decisions unpopular in their time later can become part of the “fabric of American constitutional law.”

Kavanaugh spoke Friday at a conference attended by judges, attorneys and other court personnel in the 5th U.S. Circuit Court of Appeals, which covers Texas, Louisiana and Mississippi and is one of the most conservative circuits.

In a question-and-answer session, he was not asked about any of the current court’s nationally divisive rulings, such as the overturning of Roe v. Wade federal abortion protections in 2022 that has become a key political issue in elections across the country this year. He was part of the conservative majority in that ruling.

However, he was asked how judges and the courts can help boost public confidence in the judiciary.

In his answer, Kavanaugh said some high court decisions from the 1950s and ‘60s on monumental issues spanning civil and criminal rights, free speech and school prayer — including the iconic Brown v. Board of Education case that ended legal segregation in public schools — were unpopular when they were issued.

Hmmm... Importance of Civil Rights equated to the importance of shitting on RvW only after McConnell and TFG shit on the SC process (IMOed belief with no easy proof to point to, using racist reaction against Obama to push through their rhetoric in to law)...

However, he was asked how judges and the courts can help boost public confidence in the judiciary.

In his answer, Kavanaugh said some high court decisions from the 1950s and ‘60s on monumental issues spanning civil and criminal rights, free speech and school prayer — including the iconic Brown v. Board of Education case that ended legal segregation in public schools — were unpopular when they were issued.

“The Warren court was no picnic for the justices. … They were unpopular basically from start to finish from ’53 to ’69,” Kavanaugh said. “What the court kept doing is playing itself, sticking to its principles. And you know, look, a lot of those decisions (were) unpopular, and a lot of them are landmarks now that we accept as parts of the fabric of America, and the fabric of American constitutional law.”

I wonder if he mentions lavish gifts laid upon contemporary justices who hold themselves above the rules laid for lowest of government employees or Congressional malfeasance or a cult figure ignorant self interested president unduly influenced by Federalist over-weighting?

[Blackhawk]

“What the court kept doing is playing itself, sticking to its principles. And you know, look, a lot of those decisions (were) unpopular, and a lot of them are landmarks now that we accept as parts of the fabric of America, and the fabric of American constitutional law.”

Maybe.

Too bad they're not sticking to those same principles now.

[GreenGoo]

Expanding rights vs. restricting rights. But sure, they are morally the same thing and the public will get used to it. Have you met my handmaiden?

[El Guapo]

Some good news. The court declined to annihilate the CFPB and declined to enforce a rigid time deadline in arbitration appeals.

[Alefroth]

Republicans have never met a predatory industry they couldn't get behind.

[LawBeefaroni]

When good news is just lack of awful news.

[Kraken]

Some good news. The court declined to annihilate the CFPB and declined to enforce a rigid time deadline in arbitration appeals.

I was glad to hear about this one. The CFPB is Elizabeth Warren's crowning achievement. Here's what's on their agenda this year. Bankers are not happy with them.

[Isgrimnur]

Nor should they be. They're the reason that the CFPB exists. And not in a good way.

And I say that as an employee of a credit union that is also preparing to get sideswiped by a loss of fee revenue.

[Dogstar]

Upside down flag flew at Alito's house post 2020 election. While it can be used to indicate a nation in distress, it also happens to be a symbol of the "stop the steal" movement. Alito quickly threw his wife under the bus:

“I had no involvement whatsoever in the flying of the flag,” Alito said in an emailed statement to the Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

[LawBeefaroni]

Upside down flag flew at Alito's house post 2020 election. While it can be used to indicate a nation in distress, it also happens to be a symbol of the "stop the steal" movement. Alito quickly threw his wife under the bus:

“I had no involvement whatsoever in the flying of the flag,” Alito said in an emailed statement to the Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

These guys come up with the worst lies.

[Zarathud]

(Complete lack of) personal responsibility.

[Blackhawk]

I don't like the neighbor's bumper sticker. I'm going to turn my address plaque upside down to show him just what I think!

[$iljanus]

I can see the wife getting fed up and engaging in this sort of counter protest which is fine except it so happens that a Supreme Court Justice lives there as well. But the guidelines regulating the issue of political displays don't clearly apply to Supreme Court justices so what are ya gonna do?

[Pyperkub]

I can see the wife getting fed up and engaging in this sort of counter protest which is fine except it so happens that a Supreme Court Justice lives there as well. But the guidelines regulating the issue of political displays don't clearly apply to Supreme Court justices so what are ya gonna do?

Maybe not have people who Gov't who support this?

[$iljanus]

I can see the wife getting fed up and engaging in this sort of counter protest which is fine except it so happens that a Supreme Court Justice lives there as well. But the guidelines regulating the issue of political displays don't clearly apply to Supreme Court justices so what are ya gonna do?

Maybe not have people who Gov't who support this?

One would think that but unfortunately there's the whole Justice for Life thing and I don't see Alito stepping down or even being impeached over this. Same goes for Clarence Buddy of Billionaires Thomas.

[Smoove_B]

One would think that but unfortunately there's the whole Justice for Life thing and I don't see Alito stepping down or even being impeached over this. Same goes for Clarence Buddy of Billionaires Thomas.

We should probably note that Clarence's wife has direct leadership and financial connections to insane right-wing groups and nothing happened. Flying a flag upside down at your house? It's almost quaint in comparison.

[Kurth]

One would think that but unfortunately there's the whole Justice for Life thing and I don't see Alito stepping down or even being impeached over this. Same goes for Clarence Buddy of Billionaires Thomas.

We should probably note that Clarence's wife has direct leadership and financial connections to insane right-wing groups and nothing happened. Flying a flag upside down at your house? It's almost quaint in comparison.

This. Ginny Clarence Thomas was actively involved herself in trying to prevent the ordered transfer of power from Trump to Biden.

[Smoove_B]

Oh hey look, another Alito story:

Last summer, two years after an upside-down American flag was flown outside the Virginia home of Justice Samuel A. Alito Jr., another provocative symbol was displayed at his vacation house in New Jersey, according to interviews and photographs.

This time, it was the “Appeal to Heaven” flag, which, like the inverted U.S. flag, was carried by rioters at the Capitol on Jan. 6, 2021. Also known as the Pine Tree flag, it dates back to the Revolutionary War, but largely fell into obscurity until recent years and is now a symbol of support for former President Donald J. Trump, for a religious strand of the “Stop the Steal” campaign and for a push to remake American government in Christian terms.

Three photographs obtained by The New York Times, along with accounts from a half-dozen neighbors and passers-by, show that the Appeal to Heaven flag was aloft at the Alito home on Long Beach Island in July and September of 2023. A Google street view image from late August also shows the flag.

In addition:

Records show that the Alitos have owned the beach house since 2014, and he is a well-known presence in the waterfront community. Residents said they recalled seeing the justice last summer, though it is unclear how much time he spent there. Neighbors said that once they realized what the flag signified, they were surprised to see it displayed, particularly in a prominent spot where many boaters glide by. The six people who shared their accounts and photographs asked not to be identified because they didn’t want to antagonize a longtime neighbor. When The Times visited the house on Wednesday, the flagpole was bare.

Until about a decade ago, the Appeal to Heaven flag was mostly a historical relic. But since then it has been revived to represent “a theological vision of what the United States should be and how it should be governed,” said Matthew Taylor, a religion scholar at the Institute of Islamic, Christian and Jewish Studies. He is also the author of a forthcoming book tracing how a right-wing Christian author and speaker who repopularized the flag helped propel Mr. Trump’s attempt to overturn the election.

His wife is very much into flags!

Since its creation during the American Revolution, the flag has carried a message of defiance: The phrase “appeal to heaven” comes from the 17th-century philosopher John Locke, who wrote of a responsibility to rebel, even use violence, to overthrow unjust rule. “It’s a paraphrase for trial by arms,” Anthony Grafton, a historian at Princeton University, said in an interview. “The main point is that there’s no appeal, there’s no one else you can ask for help or a judgment.”

I'm sure there's a rational, reasonable explanation that doesn't involve anything remotely concerning.

[Holman]

[waitingtoconnect]

Upside down flag flew at Alito's house post 2020 election. While it can be used to indicate a nation in distress, it also happens to be a symbol of the "stop the steal" movement. Alito quickly threw his wife under the bus:

“I had no involvement whatsoever in the flying of the flag,” Alito said in an emailed statement to the Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Translation I’m not an election denier my wife is…? Seriously they are not even hiding it anymore.

If trump loses at the ballot box and appeals to the Supreme Court they’ll wave him through as president somehow.

[YellowKing]

It also shows how much they think of their wives to just toss them to the wolves at any hint of scandal. Freaking despicable. But these are also men who see women as disposable breeders with no bodily autonomy, so I shouldn't be surprised.

[$iljanus]

Just how many flags do they have in their closet? Perhaps this is next in the rotation?

[Kurth]

I've reached the point where I believe that Alito is a traitor. I do not believe he actually has the best interests of this country at heart.

Justices allowed a contested voting map in South Carolina
The Supreme Court’s conservative majority cleared the way today for South Carolina to keep using a congressional map that a lower court had deemed an unconstitutional racial gerrymander. All three liberal justices dissented.

The ruling handed a victory to the state’s Republicans by allowing them to maintain a stronghold on a district in Charleston County. A panel of federal judges had previously found that district to be illegal because redistricting had removed 62 percent of its Black voters. The immediate effect will be limited: This year’s elections were already set to take place under the contested map.

But today’s decision could have a broader impact in the years to come. Justice Samuel Alito, who wrote the majority opinion, said that courts should generally presume that lawmakers are telling the truth when they say their goal in redistricting is partisan, which is permissible, rather than based on race, which is not. That distinction can be difficult because Black voters overwhelmingly favor Democrats.

Alito’s position could make it “easier for Republican states to engage in redistricting to help white Republicans maximize their political power,” said Richard Hasen, an election law expert. In dissent, the liberal justices argued that it could become all but impossible to challenge voting maps as racial gerrymanders.

[El Guapo]

I think he thinks that he does. I think that he's just super arrogant and self-absorbed, and is essentially a typical Fox News derp given significant unchecked power. But he thinks he's doing the right thing.

[Smoove_B]

To me it feels like he's part of a religious group that's been told for decades "the thing" they've been hoping for is finally the closest it's ever been to happening, and it's their job to make the final push toward the America they envision.

[Holman]

To me it feels like he's part of a religious group that's been told for decades "the thing" they've been hoping for is finally the closest it's ever been to happening, and it's their job to make the final push toward the America they envision.

Movement conservatism since Wm F Buckley has been predicated on the idea that every cultural shift since WW2 (or possibly the Gilded Age) has been a mistake. In the late 20th century they stoked rage about it. In this century they've schemed to actually roll it all back.

Now that's actually within reach.

[Zarathud]

Alioto lied:

“Federal judges have the duty to interpret the Constitution and the laws faithfully and fairly, to protect the constitutional rights of all Americans, and to do these things with care and with restraint, always keeping in mind the limited role that the courts play in our constitutional system. And I pledge that if confirmed I will do everything within my power to fulfill that responsibility.”

[Smoove_B]

Let's settle down - we don't want to suggest he should step down or be impeached - along with Thomas. We certainly don't want to make the SCOTUS political.

Just imagine a world where TFG is re-elected and he is able to seat two more Supreme Court justices. It's unthinkable.

[GreenGoo]

How could there be any outcome besides violence of that were to occur? Which will be a great justification for more facist actions. It's going to be bad.

To be honest I'm surprised there hasn't been more violence already.

[Holman]

Let's settle down - we don't want to suggest he should step down or be impeached - along with Thomas. We certainly don't want to make the SCOTUS political.

Just imagine a world where TFG is re-elected and he is able to seat two more Supreme Court justices. It's unthinkable.

He'd probably get three. Sotomayor seems to be committed to pulling a Ginsburg.

[$iljanus]

Well in case people were wondering how he would respond to all the calls to recuse himself from Jan 6 related cases….

Alito to world…bite me!

Supreme Court Justice Samuel Alito has rejected calls for him to recuse from a pending case involving former President Donald Trump and others related to the Jan. 6 attack on the Capitol, rebuffing critics who said that two controversial flags flown at his homes violated judicial ethics.

I was amused by this explanation:

Alito explained that his wife flew the American flag upside-down due to “a very nasty neighborhood dispute” and he wasn’t involved in her decision to do so. “As soon as I saw it, I asked my wife to take it down, but for several days, she refused,” Alito wrote.

What a cuck! Control your woman, judge!

(but in all seriousness I think this was the expected outcome)

[ImLawBoy]

If Thomas isn't going to recuse when his wife was actively helping to lead the insurrection, Alito wasn't going to resign because his wife's a conspiracy flag nutjob/crazy neighbor lady.